Video Evidence of Frequent Recurrences of Alleged Creation of Liquid on Floor Sufficient to Create Issues of Fact Regarding Constructive Notice in a Slip and Fall Case (Non-Precedential)

In its non-precedential decision in the case of Oudolsky v. Mount Airy Casino #1, LLC, No. 3109 EDA 2023 (Pa. Super. Oct. 22, 2024 Kunselman, J., Nichols, J., and Beck, J.) (Op. by Kunselman, J.), the Pennsylvania Superior Court reversed a trial court’s entry of summary judgment in a slip and fall case.

This case involved a plaintiff who slipped and fell at a casino in an area where there was a marble floor and a nearby sanitizing liquid dispenser.  Video evidence showed other patrons utilizing the dispenser in the time before the plaintiff came along and slipped and fell.

The court noted that proof of actual or constructive notice on the part of a landowner, that a dangerous condition was caused by the landowner, by way of actual notice through frequent recurrences of the dangerous condition can amount to sufficient evidence to prove liability.

The court noted that evidence from surveillance video was sufficient to create issues of fact as to both recurrence and length of time on the issue of constructive notice.

The Superior Court also noted that the close proximity of the Defendant’s dispenser to where the Plaintiff slipped on liquid is sufficient circumstantial evidence as to the source of the liquid to enable the jurors to find causation. The court noted that there was no other source for the liquid present.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.


I send thanks to Attorney James M. Beck for the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.